Chiropractic treatments are among the most popular alternative health therapies in Australia, with around three million Australians visiting chiropractors each year for help with bone, joint, and muscle issues. While most treatments go smoothly, when things go wrong, the consequences can be severe.
If you’ve been injured because your chiropractor didn’t take reasonable care during treatment, you may be entitled to make a medical malpractice claim. It’s also known as making a medical negligence claim.
A successful claim is about more than just covering your medical bills — you could receive compensation for lost income, reduced earning capacity in the future, ongoing care needs, and your pain and suffering.
Below, we explain everything you need to know about suing a chiropractor for negligence.
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Examples of chiropractic malpractice
We’ve spent over 25 years helping people injured by chiropractors get the compensation they deserve. In our experience, some of the most common examples of chiropractic malpractice include:
- Improper spinal manipulation: performing spinal adjustments too forcefully or incorrectly, causing nerve damage, fractured or broken ribs, herniated discs, or vertebral artery dissection (which can then lead to stroke).
- Worsening a pre-existing injury: aggravating a prior injury (like a back, neck, or shoulder injury) through inappropriate or unsafe treatment techniques.
- Failure to diagnose: not identifying serious underlying conditions (e.g. fractures, infections, or tumours).
- Treating outside their expertise: attempting to treat conditions they’re not qualified to handle, such as severe neurological issues or cancer.
- Delayed referral or treatment: failing to refer you to a specialist when necessary or continuing ineffective treatment for too long, delaying proper diagnosis.
- Lack of informed consent: failing to warn you of the risks involved in treatment, especially for high-risk procedures like neck manipulation.
This is by no means a complete list — if you’ve suffered at the hands of a chiropractor, it’s likely you have a claim. If you’re unsure whether your chiropractor’s actions count as malpractice, get in touch today. Our expert chiropractor lawyers will take the time to listen to your story and explain exactly what you’re entitled to.
How to prove that your chiropractor was negligent
To successfully sue your chiropractor, you’ll need to prove that they behaved negligently. This means establishing four basic things:
- Your chiropractor owed you a duty of care: the first step is proving that the chiropractor owed you a ‘duty of care’. In simple terms, this means they had a legal responsibility to provide safe and competent treatment. In Australia, all registered chiropractors automatically owe this duty to their patients.
- They breached that duty of care: next, you’ll need to prove that the treatment you received fell below a reasonable standard of care. In other words, no competent chiropractor faced with the same situation would have acted — or failed to act — the way yours did.
- Their negligence caused your injury: you’ll also need to show a clear link between your current health problems and the chiropractor’s treatment — or lack of treatment. In other words, their actions (or inaction) must have directly caused the harm you’ve suffered.
- You suffered ‘loss’: this can include things like lost income, medical costs, and your pain and suffering.
How much compensation could I get?
There’s no fixed payout for injuries caused by chiropractors — your compensation depends entirely on the severity of your injury and how it has impacted your life.
For less serious injuries, such as temporary nerve damage or soft tissue injuries that resolve with treatment, payouts may range from $100,000 to $200,000. But in more severe cases involving permanent disabilities, spinal cord injuries, or stroke caused by negligent treatment, compensation can reach into the millions (or even tens of millions).
It’s also worth noting that compensation isn’t just about covering financial losses. You may be entitled to damages for the broader impact the injury has had on your quality of life.
Depending on your situation, your payout may include:
- Lost income: wages you’ve already missed, plus loss of future earnings and superannuation.
- Care and support: the cost of professional care, or unpaid help from family and friends, including if you’re no longer able to care for someone who depends on you.
- Other expenses: medical bills, travel costs, and home or vehicle modifications required due to your injury.
- Non-economic loss: a lump sum payment for the pain, suffering, and reduced enjoyment of life caused by your injury. This amount isn’t fixed and can be substantial, depending on the long-term impact.
To qualify for non-economic loss compensation, your injury usually needs to meet a minimum level of permanent impairment. This threshold varies between states, so it’s important to understand the rules that apply where you live.
For more detailed information, visit our complete guide to medical negligence compensation.
How to sue a chiropractor
No two claims are exactly the same, but your chiropractor negligence case will likely follow these steps:
- Get in touch with a lawyer: you’ll have a free consultation with one of our specialist medical negligence lawyers, who’ll explain your rights and what to expect from your claim. If you move forward, the same lawyer will support you throughout your entire claim.
- Obtain medical records: your lawyer will review your clinical records and, if needed, arrange expert medical assessments — all at no upfront cost to you.
- Gather evidence: our team works with leading medical and vocational experts to build strong, detailed evidence that shows how the injury impacts your life — both now and into the future.
- File court documents: once we’ve built a strong case, we lodge court documents and begin negotiations with the insurer, aiming to resolve your claim through mediation.
- Get compensation: most cases settle at mediation, but if yours doesn’t, we won’t hesitate to take your claim to court and fight for the compensation you deserve.
What if chiropractic treatment made my work or car accident injury worse?
If you were hurt in a motor vehicle or workplace accident and a chiropractor’s treatment made your injury worse, you might still have a valid medical negligence claim.
However, the laws around this are complex, especially when treatment costs are covered by a state workers compensation or road accident insurer. Each case requires careful review to determine your legal rights and whether you’re entitled to compensation for any additional harm caused.
To find out what additional compensation you can claim, get in touch today. Our chiropractor lawyers know the ins and outs of workers comp, car accident and medical negligence claims, so we can provide expert advice on your exact entitlements — completely free of charge.
How hard is it to sue a chiropractor for malpractice?
Suing a chiropractor for malpractice can be tough because medical negligence laws are complex, and not every bad outcome means negligence occurred. You must prove the chiropractor’s care fell below the standard expected of a competent practitioner, which requires deep knowledge of medicine and chiropractic treatment. That’s where an expert lawyer can make all the difference.
A chiropractor injury lawyer understands both the medical and legal aspects needed to prove your claim. They use detailed evidence from other similar medical professionals to show how your chiropractor breached their duty and prove that it directly caused your injury. Plus, they’ll translate all your losses — whether physical, emotional, or financial — into clear, claimable damages, helping you secure the maximum compensation possible.
So, while suing a chiropractor on your own can be challenging, an experienced lawyer makes the process much smoother, less stressful, and significantly boosts your chances of success.
